Salami from new tenant

Javed Ali Khan (Querist) 10 March 2022 This query is : Resolved
My new tenant wants to pay me the amount of 'salami' ( pagdi) by cheque. The rent per month agreed is Rs. 1000. We have both agree to sign the agreement, after his cheque is credited to my account. can a landlord legally take the amount of salami from a new tenant in cheque? Can he legally claim the amount in the near future, even though the deposit is not mentioned in the agreement as refundable security deposit?

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A landlord is considering accepting a 'salami' or 'pagdi' payment from a new tenant via cheque, with the rent agreement to be signed post-cheque clearance. While a landlord can accept a cheque as security, it cannot be legally classified as 'salami'. Crucially, even if not explicitly stated in the agreement, a tenant may still be able to claim a refund of this amount when vacating the property.

P. Venu (Expert) 11 March 2022
There is nothing that prevents you from incorporating aspect of salami. However, you are agreeable not to disclose material terms of the contract in the agreement, you are bound to endure the consequences.

Advocate Bhartesh goyal (Expert) 13 March 2022
Landlord can take the cheque as security but not as Salami.Tenant can claim refund of said cheque amount even If said cheque amount is not mentioned in agreement at the time of vacating premises.

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